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United Nations probe of drone strikes will help set rules for shadow warfare: Editorial

The United Nations probe of drone strikes by the United States and other countries is a welcome move to bring more transparency, accountability and lawfulness to this shadow warfare.

Unmanned drones such as the Predator quietly deal out death from the skies. (MASSOUD HOSSAINI / AFP/GETTY IMAGES)

Sun., Jan. 27, 2013

How would Americans feel if another country launched a drone strike in the streets of New York City to kill an enemy? It’s a far-fetched notion, to be sure. Still, there’s growing concern at the United Nations that President Barack Obama’s shadow war on terrorists risks ushering in an era of anarchy in the use of such weapons, at a time when more countries are acquiring them.

Since the Al Qaeda attacks on Sept. 11, 2001, American Predator and Reaper drone strikes on suspected terrorists in Pakistan, Yemen and Somalia alone have killed more than 3,000 people, including 500 civilians, the London-based Bureau of Investigative Journalism reports. That’s more than died in the Twin Towers. Often on Obama’s personal order, Central Intelligence Agency operators in safe bases far from a conflict zone silently stalk prey thousands of miles away and deliver a lethal bolt from the blue.

Moreover, the U.S. isn’t the only nation that can quietly deal out death from the skies, targeting other countries with which it is not in a state of war. So can Britain and Israel. Canada and 70 other countries have surveillance drones. Many are arming them.

Given this rush, it’s good to see the United Nations launch an inquiry into 25 drone strikes not only by the U.S. but also other countries in Pakistan, Yemen, Somalia, Afghanistan and the Palestinian territories, to shed light on how they were carried out, whether they can be considered lawful and whether civilians died needlessly.

“This technology is here to stay, and its use in theatres of conflict is a reality with which the world must contend,” Ben Emmerson, the UN Human Rights Council’s rapporteur on counterterrorism and human rights, told Reuters news agency. “It is therefore imperative that appropriate legal and operational structures are urgently put in place to regulate its use in a manner that complies with the requirements of international law.”

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Inevitably, this will raise questions about the limits to American presidential power, about the lawfulness of such killings, and about anarchy that may ensue if other countries follow suit. While the Obama administration is moving to codify its policies and insists that they are legal, careful and restrained, others beg to differ. The American Civil Liberties Union, UN officials and legal experts worry about a lack of accountability, secrecy and an absence of legal safeguards. Some have proposed that special U.S. national security judges should review decisions to target people, and review the strikes.

The UN probe will no doubt add fuel to this healthy debate, and may help define the parameters of a new legal regime in this area.

Back in 2010 another UN expert, Philip Alston, issued a report that urged the U.S. to be open about when and where it launches strikes. Washington has a duty to justify its actions under international law, Alston noted. It should spell out its criteria for putting people on a kill list, and explain why killing an individual is lawful and necessary. And it should have a process to deal with civilian casualties.

Would such restraints raise the bar to the U.S. president, or any other leader, assuming the role of judge, jury and executioner? Yes, and that would be a good thing not only for the U.S. but also for a world awash with drones. Even shadow wars must have limits.

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